Elder Abuse Reporting. Reporting Processes Immediately Within 24 hours of the allegation? When the Approved Provider starts to suspect (on reasonable.

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Presentation transcript:

Elder Abuse Reporting

Reporting Processes Immediately Within 24 hours of the allegation? When the Approved Provider starts to suspect (on reasonable grounds) a reportable assault may have occurred? Minimum - within 24 hours

Reportable Offences Unlawful sexual conduct. Unreasonable use of force –Deliberate or violent physical attacks –Unwarranted physical force where this force is not warranted Hitting, punching, kicking, pushing – regardless if this causes physical harm or not.

Special Circumstances Special circumstances where there is discretion not to report: –Alleged assaults by residents assessed with a cognitive or mental assessment –Resident assessment must be in place prior to the allegation, if not– this is a reportable matter. –Within 24 hours of the allegation, arrangements for management of resident behaviour are put in place via a formal care plan, relevant assessments have occurred. Who has checked the evidence? –Behavioural management plan must be developed, documented and regularly reviewed. Who has checked the evidence?

Appropriate Health Professionals To assess cognitive & mental impairment: –ACAT –GP –RN –Others e.g. Geriatrician, Psychologist

Schedule B – Reportable Offences Flowchart Update Staff to immediately advise Residential or Community Services Co- ordinator, who will advise Area Manager Regional Manager.

Staff who are informants Have the legal right under the reporting requirements of the Aged Care Act to have their identity protected (whistleblowing principles). Yes it is difficult to do but every effort must be taken to ensure that they are not identified via interviews and also documentation. DO NOT try and mediate the issue by placing the alleged offender and the informant in the same room to “talk it out”. You will most likely earn a non- compliance from DOHA and destroy your integrity as an investigator, as well as cause untold damage to the individuals involved, regardless of whether the allegations are true.

Staff who are alleged offenders Need to be removed from the area where the incident has occurred for the duration of the investigation. If they it is determined they can work elsewhere, it must be under supervision at all times (ie 2 staff attending all tasks). They must be offered EAP. It is recommended that staff are suspended on full pay during the investigation. It can be distressing for the staff person and other staff, however the investigation process needs to have integrity, and this aspect also helps to protect all parties integrity. There are no assumptions made of guilt or innocence by an investigator.

Complications Be aware of, but do not exclude on the matters as below: –Resident history – POW, institutional living, Mental Health diagnosis and past issues, infection etc –The ‘norm’ – what is the ‘norm’ regarding behaviour towards residents and clients at your service. What is reported… what is ignored. Does it not matter that a resident is hit as those involved have dementia?? –Do you ask other IRT staff when visiting to point out anything unusual to you?? –Staff background- what is normal to them due to their home environment. –Watch – staff new to a DSU environment, without supervision. –Listen to vague staff grievances about another staff person’s behaviour… are they not coping?? Is it a case of the right person in the wrong area??